In January 2000, a 50-year-old woman had an abdominal liposuction in Valledupar. Three days later, doctors found several intestinal perforations caused by the cannula. She died a month later. Her family sued the surgeon and the clinic.
What the Supreme Court decided
In ruling SC4786-2020 (December 2020), the Civil Chamber upheld liability for breach of the medical contract. It ordered payment of 90 monthly minimum wages for the moral damage the patient suffered, split among four relatives. On the other hand, it cleared the surgeon of another part of the claim: the Court found a hard-to-detect hernia that acted as force majeure.
Why it matters
The Court made three rules clear for cosmetic surgery:
- As a general rule, the surgeon must use adequate means, not guarantee a result. The patient must prove fault.
- If the doctor promised a result, fault is presumed and the doctor must prove they acted properly.
- Informed consent about known risks can reduce liability, but it doesn't excuse a lack of care.
What it means if something similar happened to you
In a medical liability case, the complete medical record, the signed informed consent, what was promised (ads, messages, "before and after" photos) and another doctor's opinion carry a lot of weight. Ask for a copy of your medical record: it belongs to you and the clinic must hand it over.
Sources
- Corte Suprema de Justicia, sentencia SC4786-2020 (7 de diciembre de 2020)
- El Tiempo (9 de diciembre de 2020)
- El Espectador (9 de diciembre de 2020)
This is a summary of public news written by García & Asociados Abogados for informational purposes. Every case depends on its own facts and evidence: it doesn’t mean another case will have the same outcome.
Photo: Plaza Alfonso López in downtown Valledupar — Jdvillalobos, CC BY 3.0, via Wikimedia Commons.
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This article is for information only and doesn’t replace advice on your specific case.
